IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160003699 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160003699 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160003699 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart. 2. The applicant states he had a shrapnel wound to his right thigh during enemy engagement, enemy fire, and friendly fire all around him. He would like to have accurate records for his family and medical reasons. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 20 September 1967. He held military occupational specialty 11B (Light Weapons Infantryman) and was promoted to staff sergeant (SSG)/E-6 on 1 November 1968. 3. On 8 September 1968, he was assigned to Company B, 2nd Battalion, 39th Infantry, 9th Infantry Division, in the Republic of Vietnam. 4. He was honorably released from active duty on 11 June 1969 and he was transferred to the U.S. Army Reserve. He completed 1 year, 8 months, and 22 days of net active service. His DD Form 214 further shows in: * item 22c (Foreign and/or Sea Service), he had 9 months and 11 days of foreign service * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or authorized), the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Air Medal, Army Commendation Medal, and Bronze Star Medal (3rd Oak Leaf Cluster) 5. His DA Form 20 (Enlisted Qualification Record) item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show the Purple Heart. 6. The applicant’s record is void of orders awarding him the Purple Heart and his medical records are not available for review. 7. A review of the Vietnam casualty roster failed to show the applicant's name as a casualty. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the Purple Heart. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official records. DISCUSSION: 1. The criteria for award of the Purple Heart require the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. Notwithstanding the applicant’s sincerity, the available records are void of any evidence that shows he was wounded or injured as a result of hostile action and treated for any such wound/injury. 3. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. There is a lack of conclusive evidence in this case that shows he was wounded as a result of hostile action and treated for those wounds, as required by the criteria for the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003699 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003699 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2